While the limit of statutory damages is set by the FDCPA to $1K, that doesn't mean that's the limit of the defendant's costs. If the case is found for the plaintiff, the CA could end up paying much more in attorney's fees and other expenses. Consequently, it might be in their financial best interest to settle before trial for more than $1K. Some of the complaint's I've seen include claims for defamation of character, invasion of privacy, and well as violations of state statutes that deal with debt collection, etc. So basically, the FDCPA is just the beginning.
Ok. well there are more than one ways to skin a cat. Bring a suit for one type of violation then when that one is settled bring another for another type of charge. If the charges are all brought within the 1 year statute of limitations but in separate filings that are say 8 or 9 months apart then that ought to get a bit more out of them. As far as statutory damages go, a section of Oklahoma U.C.C. does just that. Seems the law makers were quite concerned about the damage a repo does to one's credit ratings and ability to obtain future financing. Some pretty heavy damages are allowed once the defendant proves that the plaintiff violated the state U.C.C. code for providing proper and timely notices. Damages can run from loss of right to collect deficiency balance to outright monetary damages for loss of credit standing. No wonder they were so anxious to get me to admit that I got all those notices in a proper and timely manner. (LOL)
